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Technology Stocks : How high will Microsoft fly?
MSFT 492.01+1.3%Nov 28 9:30 AM EST

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To: Niels Larsen who wrote (32518)11/7/1999 7:05:00 PM
From: Gerald Walls  Read Replies (1) of 74651
 
ere is what I believe should happen with Microsoft,
linuxtoday.com;

I have no problem with points 1) and 3) (but in if that one happened then either no one would bother to get certified or Microsoft would just drop the certification program), but 2) is absolutely ridiculous.

Require Microsoft to use its patents for defense only, in the field of software. (If they happen to own patents that apply to other fields, those other fields could be included in this requirement, or they could be exempt.) This would block the other tactic Microsoft mentioned in the Halloween documents: using patents to block development of free software.

We should give Microsoft the option of using either self-defense or mutual defense. Self defense means offering to cross-license all patents at no charge with anyone who wishes to do so. Mutual defense means licensing all patents to a pool which anyone can join -- even people who have no patents of their own. The pool would license all members' patents to all members.

It is crucial to address the issue of patents, because it does no good to have Microsoft publish an interface, if they have managed to work some patented wrinkle into it (or into the functionality it gives access to), such that the rest of us are not allowed to implement it.


The patent system was initiated to ensure that an inventor would profit from his idea for a set period of time. You want to throw that concept right out the window. Those who are successful must give away their valuable ideas for free.

You've valued the intellectual property owned by Microsoft to zero if force "free" cross-licensing (and what if the other company has no patent in which Microsoft is interested in licensing?) or limit them to "defense only." And what exactly does that last phase mean? Does it mean they can only use their patents if they're sued, and that otherwise if they notice blatant violations they can do nothing about it? Get real. If I was presented with this proposal and they wouldn't drop it then I'd tell them to call me when they wanted to be reasonable and then I'd walk out.
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